Artsy-Dartsy is an online service on the world wide web consisting of information services and providing contents. Usage of the Artsy-Dartsy web site is governed by the following terms and conditions, and other policies and rules established from time to time by the Edison & Sprinkles Corporation.
Acceptance of Terms of Use
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Edison & Sprinkles Corporation (“Edison & Sprinkles”) owns and operates this Web, located at http://www.artsy-dartsy.com (the Web site). This Terms of Use Agreement (this Agreement) states the terms and conditions under which you may access and use the Web site. By accessing and using the Web site you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Web site. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF EDISON & SPRINKLES OPERATING WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Edison & Sprinkles may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Ownership
All materials displayed or otherwise accessible through the Web site, including, without limitation, written articles, text, photographs, images, illustrations (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Edison & Sprinkles, its licensors or the party accredited as the provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF EDISON & SPRINKLES.
Trademarks
EDISON & SPRINKLES, ARTSY-DARTSY, ARTSY DARTSY, ARTSY!DARTSY!, UTOPIANSTANDARD, PANICBUTTER, are official marks or trademarks of the Edison & Sprinkles Corporation. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of Edison & Sprinkles or third parties. While certain trademarks of third parties may be used by Edison & Sprinkles under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between Edison & Sprinkles and the owner of said trademark or to imply that Edison & Sprinkles endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of Edison & Sprinkles or any third party, without the written permission of Edison & Sprinkles or the respective owner of any third-party trademark.
DISCLAIMER OF WARRANTIES
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. Edison & Sprinkles MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF Edison & Sprinkles KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE CANADIAN DOLLAR (C$1)EVEN IF Edison & Sprinkles HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF Edison & Sprinkles OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
Edison & Sprinkles EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL Edison & Sprinkles AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE Edison & Sprinkles AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
No Advice
The information contained on the Web site is for informational purposes only. It is not intended to provide academic, investment, or other advice to you, and you should not rely upon the information to provide any such advice.
Linking
The Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Edison & Sprinkles of the contents of such third-party web sites. Edison & Sprinkles is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Edison & Sprinkles encourages links to the Web site, it does not wish to be linked to or from any third-party web site which (i) contains, posts or transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Edison & Sprinkles or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Edison & Sprinkles reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of Edison & Sprinkles.
Software Licenses and Ownership
All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Edison & Sprinkles, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Web site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
Submissions
The Web site may provide features that allow you to post messages and content, to interact with Edison & Sprinkles and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Edison & Sprinkles imposes an unreasonable or disproportionately large load on the Edison & Sprinkles website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Web site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By posting or uploading or emailing Submissions to the Web site or Edison & Sprinkles, you grant Edison & Sprinkles a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Submission in favour of Edison & Sprinkles; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Edison & Sprinkles is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on the Web site will be considered non-confidential.
Edison & Sprinkles may review Submissions before they are posted. Edison & Sprinkles may refuse to post any Submission to the Web site. Edison & Sprinkles reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Edison & Sprinkles may, in its sole discretion, monitor the Web site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web site. Any such disclosure shall be in accordance with Edison & Sprinkles' Privacy Policy.
Edison & Sprinkles is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Edison & Sprinkles.
While Edison & Sprinkles is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web site and terminating the submitting party's right to access and use the Web site (or any portion thereof).
RSS
Acceptance of Terms of Use
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. The Edison & Sprinkles Corporation (“Edison & Sprinkles”) owns and operates these RSS/XML feeds (individually and collectively designated the “Artsy Dartsy Feed”) you have specifically selected. This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Artsy Dartsy Feed. By accessing and using the Artsy Dartsy Feed you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Artsy Dartsy Feed. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF THE Edison & Sprinkles OPERATING THIS Artsy Dartsy Feed, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT. Edison & Sprinkles may revise this Agreement at any time by updating this posting. Use of the Artsy Dartsy Feed after such changes are posted will signify your agreement to these revised terms. You should visit this posting periodically to review this Agreement.
Ownership
This Artsy Dartsy Feed and all materials displayed or otherwise accessible through the Artsy Dartsy Feed, including, without limitation, headlines, links, other source identifiers, articles, text, trade marks, computer software and code (individually or collectively, the “Artsy Dartsy Feed Content”) are protected under Canadian and foreign copyright or other laws, and are owned by Edison & Sprinkles, its licensors or the party accredited as the provider of the Artsy Dartsy Feed Content. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Artsy Dartsy Feed Content accessed through the Artsy Dartsy Feed. Without limiting the generality of the foregoing, you acknowledge and agree that the Artsy Dartsy Feed and Feed Content may not be used or reproduced except as provided herein without the consent of by Edison & Sprinkles.
License
Subject to the restrictions, warranties and undertakings herein, Edison & Sprinkles grants you a non-exclusive, non-transferable, non-assignable and revocable license authorizing you to reproduce and download the Artsy Dartsy Feed and Feed Content on your personal computer/website under the exclusive title of " Artsy Dartsy Feeds", for the English version.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE ARTSY DARTSY FEED OR OF ANY ARTSY DARTSY FEED CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF Edison & Sprinkles. WITHOUT LIMITING THE GENERALITY OF THE RESTRICTIONS ABOVE, YOU SHALL NOT PROVIDE ACCESS TO THE ARTSY DARTSY FEED OR FEED CONTENT FROM ANY MOBILE WIRELESS SERVICES OR ANY INTERACTIVE TELEVISION SERVICE.
Journalistic control
Edison & Sprinkles has full journalistic control over the Artsy Dartsy Feed and Feed Content ; this includes the exclusive right to amend, correct, withdraw or drop the Artsy Dartsy Feed and Feed Content incorporated in your website and you undertake to amend, correct, withdraw or drop the Artsy Dartsy Feed and Feed Content in accordance with Edison & Sprinkles’ decisions in its sole discretion. Furthermore, you undertake to display the Artsy Dartsy Feed and Feed Content as they are provided by Edison & Sprinkles, without altering them in any way, or changing their order of presentation, unless Edison & Sprinkles expressly indicates you should do so or if you receive the written authorization of Edison & Sprinkles. You undertake not to combine content from other sources with the Artsy Dartsy Feed and Feed Content. You also undertake to clearly indicate that the Artsy Dartsy Feed and Feed Content has been produced by Edison & Sprinkles and display a Edison & Sprinkles copyright notice at all times and under all circumstances. You may not archive the Artsy Dartsy Feed and Feed Content. You will not edit, alter or in any way manipulate the Artsy Dartsy Feed and Feed Content nor shall you allow its reproduction by anyone. You will not distribute the Artsy Dartsy Feed and Feed Content in any way or allow its distribution or redistribution in any manner or form by anyone.
Integrity
You undertake to respect the integrity of the Artsy Dartsy Feed and Feed Content and Edison & Sprinkles trade marks. Furthermore, you undertake not to place the Artsy Dartsy Feed and Feed Content in a context which would alter its meaning and such Artsy Dartsy Feed and Feed Content must be clearly separate from any other content not provided by Edison & Sprinkles.
Hyperlinks
Each Artsy Dartsy Feed and Feed Content reproduced on your website already includes a clickable hyperlink to the complete news item on the Edison & Sprinkles website, which hyperlink must be used “as is” and may not be removed under any circumstances. You acknowledge that the Artsy Dartsy Feed must link and redirect to the appropriate Edison & Sprinkles website and page when a user clicks on the Artsy Dartsy Feed Content (e.g. a headline). You shall not display the Artsy Dartsy Feed Content in such a manner that does not allow for successful linking and redirection to, and delivery of the appropriate Edison & Sprinkles website and page, nor may you frame any Edison & Sprinkles Web page.
Framing
You undertake not to frame either the Artsy Dartsy Feed or Feed Content.
Guarantees
You represent and warrant that:
you are an individual and over 18 years of age;
you will use the Artsy Dartsy Feed and Feed Content exclusively for your own personal, private and non-commercial use, for consultation only and only as authorized hereunder
you are entitled to conclude this Agreement;
you will not do any promotion or advertising involving Edison & Sprinkles, the Artsy Dartsy Feed or Feed Content without the prior written authorization of Edison & Sprinkles;
you will not remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line or other mark or source identifier included on the Artsy Dartsy Feed and Feed Content, including without limitation, the size, colour, location or style of Edison & Sprinkles’ trade mark .
Trade marks. All trade marks contained on or displayed through the Artsy Dartsy Feed are official marks or trade marks of the Edison & Sprinkles Corporation. Nothing contained on or displayed through the Artsy Dartsy Feed or accessible through the Artsy Dartsy Feed should be construed as granting you any license or right to use any trade mark, logo or design of Edison & Sprinkles or any third party, without the written permission of Edison & Sprinkles or the respective owner of any third-party trade mark.
DISCLAIMER OF WARRANTIES
THE ARTSY DARTSY FEED AND ALL ARTSY DARTSY FEED CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE ARTSY DARTSY FEED YOU ACKNOWLEDGE AND AGREE THAT USE OF THE ARTSY DARTSY FEED AND THE ARTSY DARTSY FEED CONTENT IS ENTIRELY AT YOUR OWN RISK. Edison & Sprinkles MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ARTSY DARTSY FEED AND THE ARTSY DARTSY FEED CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE ARTSY DARTSY FEED AND/OR ARTSY DARTSY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY ARTSY DARTSY FEED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE ARTSY DARTSY FEED WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE ARTSY DARTSY FEED WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE ARTSY DARTSY FEED WILL BE CORRECTED; (V) THAT THE ARTSY DARTSY FEED WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE ARTSY DARTSY FEED WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF Edison & Sprinkles KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EVEN IF Edison & Sprinkles HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Edison & Sprinkles, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS ASSUME ANY LIABILITY FOR YOUR ACTIVITY IN CONNECTION WITH THE Artsy Dartsy FEED AND FEED CONTENT.
Edison & Sprinkles EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE ARTSY DARTSY FEED OR ANY ADVERTISER OR SPONSOR OF THE ARTSY DARTSY FEED, AS THE CASE MAY BE, (INDIVIDUALLY OR COLLECTIVELY “THIRD-PARTY USER”). UNDER NO CIRCUMSTANCES SHALL Edison & Sprinkles AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, ARTSY DARTSY FEED CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY FEED LINKED TO OR FROM THE ARTSY DARTSY FEED.
No Advice
The information contained on the Artsy Dartsy Feed is for informational purposes only. It is not intended to academic, investment, or other advice to you, and you should not rely upon the information to provide any such advice.
Netiquette and Linking
When using any of the features of the Artsy Dartsy Feed, it is a condition of your use of the Artsy Dartsy Feed that you observe the rules of netiquette and that you do not: (a) restrict or inhibit any other user from using and enjoying the Artsy Dartsy Feed, interfere or attempt to interfere with the proper workings of the Artsy Dartsy Feed in the sole discretion of Edison & Sprinkles; (b) post or transmit in connection with the Artsy Dartsy Feed and that Edison & Sprinkles not be linked to or from, or associated with, (i) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent material of any kind or material which may be damaging or detrimental to the activities, operations, credibility or integrity of Edison & Sprinkles, (ii) any material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights or other proprietary rights, (iii) any material which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, (iv) any material which solicits passwords or personal identifying information for commercial or unlawful purposes from other users, contains a virus or other harmful component, or provides or creates computer viruses, constitutes junk mail, chain letters, unsolicited mass mailing or spam; (c) use the Artsy Dartsy Feed for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. Edison & Sprinkles reserves the right to prohibit or refuse to accept any link to the Artsy Dartsy Feed and/or Feed Content, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Artsy Dartsy Feed and/or Feed Content upon the request of Edison & Sprinkles.
You acknowledge and agree that Edison & Sprinkles may, in its sole discretion, monitor the Artsy Dartsy Feed periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Artsy Dartsy Feed properly or to protect itself or other users of the Artsy Dartsy Feed. Any such disclosure shall be in accordance Edison & Sprinkles’ Privacy Policy.
YOU WILL NOT ATTEMPT TO HIDE YOUR IDENTITY, REPRESENT YOURSELF AS SOMEONE ELSE, COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY OF ANY ACCOUNT. IF YOU USE, OR ATTEMPT TO USE, ANY ARTSY DARTSY FEED OR FEED CONTENT BEYOND THE SCOPE OF THE LICENSE GRANTED IN THIS AGREEMENT, OR BEYOND THE SCOPE EXPRESSLY GRANTED BY Edison & Sprinkles, OR ATTEMPT TO, TAMPER, HACK, SPOOF, USE ROBOTS OR SCRIPTS, COPY, DISTRIBUTE, STORE, MODIFY, OR OTHERWISE CORRUPT THE ADMINISTRATION, SECURITY, OR PROPER FUNCTION OF ANY PART OF THE ARTSY DARTSY FEED OR FEED CONTENT, THEN, IN ADDITION TO TERMINATION OF THIS AGREEMENT, YOU MAY BE SUBJECT TO APPROPRIATE LEGAL AND EQUITABLE ACTION.
Indemnity
You agree to indemnify, defend and hold harmless Edison & Sprinkles and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Artsy Dartsy Feed or any Artsy Dartsy Feed Content or other RSS Feed to which the Artsy Dartsy Feed is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Artsy Dartsy Feed; and/or (iv) your violation of any law or regulation.
Security
Please note that information sent or received over the Internet is generally not secure and Edison & Sprinkles cannot and does not make any representation or warranty concerning security of any communication to or from the Artsy Dartsy Feed or any representation or warranty regarding the interception by third parties of personal or other information.
Termination
Edison & Sprinkles may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Artsy Dartsy Feed and Feed Content (or any portion thereof). Edison & Sprinkles may also terminate your right to access and use the Artsy Dartsy Feed, or any part of the Artsy Dartsy Feed, if you breach any term or condition of this Agreement.
WITHOUT LIMITING THE GENRALITY OF THE FOREGOING, ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY WILL BE GROUNDS FOR TERMINATION OF THIS AGREEMENT.
Obligation on expiry or termination
Upon expiry or termination of this Agreement, you shall immediately remove from your website or computer any Artsy Dartsy Feed and Feed Content, hyperlinks or any other mention of Edison & Sprinkles.
Governing Law and Jurisdiction
The Artsy Dartsy Feed is controlled by Edison & Sprinkles from its offices within the Province of British Columbia, Canada. By accessing or using the Artsy Dartsy Feed, you agree that this Agreement, all matters relating to your access to, or use of, the Artsy Dartsy Feed and/or the Artsy Dartsy Feed Content shall be exclusively governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. This Agreement will be deemed to have been performed in the Province of British Columbia and you agree and hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in and for the judicial district of Vancouver and of the Federal Court of Canada with respect to such matters and you waive any objection to venue or any claim of inconvenient forum. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General
Any consent by Edison & Sprinkles to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties, and you shall not assume the function of agent for Edison & Sprinkles, or make statements or contract obligations on behalf of Edison & Sprinkles. Except for any agreements with Edison & Sprinkles that expressly reference this Agreement, this is the entire agreement between you and Edison & Sprinkles relating to the matters contained herein.
Online Commerce
The Web site may allow you to purchase many different types of products and services online that are provided by Edison & Sprinkles (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. Edison & Sprinkles, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Edison & Sprinkles, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. Edison & Sprinkles, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, Edison & Sprinkles, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). Edison & Sprinkles is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by Edison & Sprinkles.
You release Edison & Sprinkles and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.
Notice and Procedure for Making Claims of Copyright Infringement.
It is the policy of Edison & Sprinkles to respond to claims of intellectual property infringement. Edison & Sprinkles will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to hello@artsy-dartsy.com
To be effective, the notification of infringement must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnity
You agree to indemnify, defend and hold harmless Edison & Sprinkles and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the Web site or any Web site to which the Web site is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the Web site; and/or (iv) your violation of any law or regulation.
Registration
To use certain features of the Web site, you may be asked to register with the Web site. You agree (i) to provide true, accurate, current and complete information about yourself as prompted by any registration form; and (ii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Edison & Sprinkles has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Edison & Sprinkles has the right to suspend or terminate your access to and use of the Web site (or any portion thereof). Edison & Sprinkles’ use of any personally identifying information you provide as part of the registration process is governed by the terms of Edison & Sprinkles’ Privacy Policy.
Passwords
To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Edison & Sprinkles immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Edison & Sprinkles cannot and will not be liable for any loss or damage arising from Edison & Sprinkles’ failure or your failure to protect your password or account information.
Security
Please note that information sent or received over the Internet is generally unsecure and Edison & Sprinkles cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.
Termination
Edison & Sprinkles may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). Edison & Sprinkles may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The Web site (excluding linked Web sites) is controlled by Edison & Sprinkles from its offices within the Province of British Columbia, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of British Columbia with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General
Any consent by Edison & Sprinkles to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Edison & Sprinkles that expressly reference this Agreement, this is the entire agreement between you and Edison & Sprinkles relating to the matters contained herein.
09 May 2008, Edison & Sprinkles. All rights reserved. Please Read our Privacy Policy.
Privacy
This privacy statement is applicable to all Edison & Sprinkles web-sites.
Edison & Sprinkles respects the privacy of its Internet users and will protect that privacy as vigorously as possible. By visiting Edison & Sprinkles websites, submitting information or using any of our products and services, you are accepting the practiced outlined in this Privacy Policy.
Edison & Sprinkles does not collect information that personally identifies individuals except when individuals provide such specific information on a voluntary basis. There may be occasions where specific personal information is requested before an individual can enter certain sections of a Edison & Sprinkles site. Information requested in order to personalize the ArtsyDartsy.com homepage or any other Edison & Sprinkles site section would be a similar example.
In all such cases, Edison & Sprinkles will collect only information that is voluntarily provided by the user and undertakes that such information will be kept strictly confidential. Individual information provided to Edison & Sprinkles to gain access to any Edison & Sprinkles site will not be sold or made available to a third party.
Edison & Sprinkles does reserve the right, however, to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of its sites so as to improve design and navigation and to gather marketing information. Only aggregated data from these analyses, not individual data, will be used for this purpose.
As well, users should be aware that certain non-personal information and data may be automatically collected by the Edison & Sprinkles through the operation of what are called "cookies". "Cookies" are small text files that identify an individual computer's browser entering a web site. They allow the site to track that browser's movement through the site over several sessions. Through cookies, a web site can recognize repeat users, facilitate the user's access to and use of the site and allow a site to track usage behaviour that will allow content improvements. Edison & Sprinkles uses cookies only for the above-mentioned purposes and will not use them to identify users or to track non-Edison & Sprinkles usage.
If you do not want a cookie placed on your computer by Edison & Sprinkles, you may disable cookies altogether by modifying the Preferences section of your Internet browser(s). Note that it is possible that some aspects of Edison & Sprinkles sites may be unavailable to you if you choose this option.
If you have no problem accepting cookies, but wish to be informed of their appearance, you may turn on a warning prompt by modifying the cookie warning section in the Preferences section of your Internet brower(s).
Third Party Advertising & Cookies
Edison & Sprinkles does not endorse and is not responsible for the content of external sites.
If you have any questions or concerns regarding privacy at Artsy Dartsy and all Edison & Sprinkles websites, please send a detailed message to <email> Your privacy is important to us and we will make every effort to respond to your concerns.
Copyright Information
All the information contained within these World Wide Web Pages is Copyright Edison & Sprinkles, 2008, and respective artists, creators, owners, agents. Some Rights Reserved.
All Trademarks mentioned herein belong to their respective owners.
All the information contained in Artsy-Dartsy World Wide Web pages is provided "as is". Edison & Sprinkles disclaims all warranties with regard to this information, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall Edison & Sprinkles be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of this information.
The information contained in Artsy-Dartsy World Wide Web pages could contain technical inaccuracies or typographical errors. Edison & Sprinkles reserve the right to make changes to any information contained within its World Wide Web pages and to make improvements and or changes in the products and programs described in its World Wide Web pages at any time and without notice. |
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